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All too often, a criminal conviction may prevent you from getting a better job, cast a shadow on your reputation, or adversely affect your immigration status. If you have a criminal conviction in your past, you may still be suffering from some of the consequences that linger after you have completed your sentence.

In certain situations, however, you may be entitled to some form of post-conviction relief, which may allow you to improve your life both personally and professionally. A San Leandro post-conviction relief lawyer may be able to help you assess your situation and work to determine whether any type of post-conviction relief is available to you. By retaining a skilled defense attorney, you could begin to move past your charges and on with your life. En Español

Types of Post-Conviction Relief

California law provides people with several possible forms of post-conviction relief. Some of the most common kinds of relief sought are meant for someone looking to:

  • Overturn a criminal conviction based on ineffective assistance of counsel
  • Terminate probation early
  • Request the reduction of a felony criminal conviction to a misdemeanor criminal conviction, under Proposition 47
  • Petition for habeas corpus, while a person is still incarcerated
  • Seek permission to withdraw a plea for “good cause” within six months of judgment
  • File motions to vacate drug convictions pursuant to deferred entry of judgment
  • Certificates of Rehabilitation

Determining eligibility for any specific form of relief may prove complicated, however. A knowledgeable defense attorney in San Leandro could evaluate your individual situation and help determine what options may be available in your case.

Immigration and Post-Conviction Relief in San Leandro

Under California Penal Code §1473.7, individuals who are no longer incarcerated for a crime may file a motion requesting that their criminal conviction or sentence be vacated. Two primary grounds to support such motions include new evidence of innocence being discovered, as well as evidence that a prejudicial error damaged the convicted individual’s ability to meaningfully understand, defend against, or accept the immigration consequences of a guilty or nolo contendere plea.

Usually, an immigrant must file these motions with reasonable diligence following the date on which he or she receives a notice to appear in immigration court concerning a criminal conviction. Depending on which is later, their deadline for filing may alternatively fall on the date on which a removal order based on a criminal conviction becomes final.

Alternatively, an individual could file these motions at any time, even prior to receiving any notices or orders of removal from the immigration court. Often, judges are required to hold hearings on this type of post-conviction relief regardless. Because of the various options available, you may wish to speak with legal counsel about the nuances of how and when to file post-conviction relief.

The Results of Successful Relief

If a person is successful in obtaining post-conviction relief, he or she may be able to withdraw their pleas and revisit their criminal charges and either resentence them or get them dismissed. This can remove many barriers created by the original conviction, such as unanticipated immigration consequences. A skilled San Leandro lawyer may be able to assist individuals with filing a motion for relief, as well as represent them against the underlying criminal charges.

Retain a San Leandro Post-Conviction Relief Attorney Today

Once you have paid your debt to society, you deserve to be able to move on with life without the collateral consequences of a conviction staying with you. Post-conviction relief might allow you to get past these consequences and move forward with the next steps of your life.

A San Leandro post-conviction relief lawyer could help assess your circumstances and determine what sort of relief may be applicable for you. To discuss your legal options, call today to set up an initial consultation.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

Our Team

Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.

Meet Our Team

Our Criminal Defense Attorneys: How to Take Back Control of Your Life, And Your Future.

When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

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